The paper offers an account of luck, fate, and fortune. It begins by showing that extant accounts of luck are deficient because they do not identify the genus of which luck is a species. That genus of properties, the tychic, alert an agent to occasions on which the external world cooperates with or frustrates their goal-achievement. An agent’s sphere of competence is the set of goals that it is possible for them to reliably achieve. Luck concerns occasions on which there (...) is a mismatch between attempt and result; in bad luck the external world thwarts goal-achievement within the agent’s sphere of competence, in good luck the external world assists goal-achievement beyond the agent’s sphere of competence. Fateful events are those where, more passively, the agent finds the external world achieving or frustrating their goals. Fortune concerns the contraction and expansion of the agent’s sphere of competence. Eight reasons are given for accepting the account; its theoretical virtues and various things it explains. Lastly, three objections are answered; that the tychic properties relate to well-being rather than agency, that there are alternative theories of fortune available in the contemporary literature, that the account draws arbitrary distinctions between synonyms. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...) other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their child, (...) and how in causing a child together co-parents become parent and child to one another. For instance, since parents create children by offering themselves as models to be copied, co-parents should enjoy the best type of friendship with one another, each treating the other’s flourishing as a human person as their end. I suggest that co-parenthood contains parenthood virtually, that the co-parents’ love of their child is a manifestation of their love for one another, that the teleological fulfilled state of the friendship between parent and child exists in the friendship of co-parents. (shrink)

Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves sensibilities and (...) virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (shrink)

Siblings ought to treat one another specially – in other words, siblings qua siblings ought to treat one another in ways that they need not treat others. This paper offers a theory of why this is the case. The paper begins with some intuitive judgments about how siblings ought to treat one another and some other normative features of siblinghood. I then review three potential theories of why siblings ought to treat one another specially, adapted from the literature on filial (...) piety: the gratitude theory, the friendship theory, and the special goods theory. In each case, these theories fail to explain some of the intuitive judgments about how siblings ought to treat one another. The paper then proposes a familial belonging theory. The institution of the family has certain goals, which impose normative demands on family members. I suggest that one such family goal is that every member feel familial belonging towards every other member, a goal which grounds the ways in which siblings ought to treat one another specially. (shrink)

This paper offers a theory of filial piety on which piety is the ethical virtue that responds to the action of person-creating. Piety is the virtue of a creature qua creature. I begin by identifying the action of person-creating as the action of a parent. I then offer some points from the philosophy of action to delineate the action of person-creating. Next, I explain the metaphysical states that this action gives rise to and their value. Parent and child fall in (...) the category of relatives, discussed by Aristotle in his Categories. More specifically, Aristotle says that parent and child are relatives as creator and created. Agreeing with but going beyond Aristotle, I show how parent and child are creator and created as paradigm and image. A pious child is one who images their paradigm well. A child does this by participating in and perfecting the person-creating action of their parent, that is, by being a good person. I argue for the theory’s acceptance on the grounds that it better explains common intuitive judgments about filial piety than do the gratitude theory and the special goods theory (the two most influential and plausible competing theories of filial piety in the philosophical literature). (shrink)

Why are teleological arguments based on biological phenomena so popular? My explanation is that teleological properties are presented in our experiences of biological phenomena. I contrast this with the view that the attribution of teleological properties to biological phenomena takes place at an intellective level – via inference, and as belief or similar propositional attitude. I suggest five ways in which the experiential view is the better explanation for the popularity of such teleological arguments. Experiential attributions are more easy, impactful, (...) and implastic. The experiential view accommodates cases of conflicting attributions, and it makes sense of the readiness with which we follow such teleological arguments. I respond to objections and explain how my view builds on existing answers to this question found in the philosophical literature. (shrink)

Most people desire to have a romantic relationship, and most people desire to have a child. The paper suggests one respect in which it is more desirable to have a child with a romantic partner rather than with someone other than a romantic partner, as platonic parents do. The first premise claims that the romantic relationship, and only this relationship, has a certain desire as a constitutive part. This is the desire to be as related to someone as one can (...) be. That this ‘desire for relatedness’ is a constitutive part of the romantic relationship explains why those related by a romantic relationship tend to become related in other ways and explains why romantic partners tend to desire to have relationships with those to whom their romantic partner is otherwise related. The second premise is that by having a child together romantic partners become related in an important and unique way, satisfying their desire for relatedness. Since platonic parents do not have the desire for relatedness toward one another they do not satisfy such a desire in having a child together. A brief review of the sociological literature on platonic parenting is included and eight objections are answered. (shrink)

In my "The Providential Advantage of Divine Foreknowledge" (2009) I respond to John Sanders' defense of the claim, made by many open theists, that foreknowledge of future contingents provides God with no providential advantage over a God who lacks such knowledge. William Hasker responded to that paper with a defense of Sanders, and the current paper is a response to Hasker's response.

The article argues that procreation is intrinsically valuable because it produces persons. The essential thought of the argument is that among the valuable things in the world are not only products, but the actions by which they are produced. The first premise is that persons have great value, for which a common consent argument is offered. The second premise is that, as an action type, procreation has persons as a product. Procreation is always a part of the action that produces (...) a person. This is because procreators take as their goal the creation of an organism that itself has development into a person as a goal. Such a claim also helps explain the moral obligations of procreators, the affective lives of procreators and the common preference for procreation. The third premise is that if an action type has a product of value, then all its tokens have intrinsic value. I argue that even when such actions fail to produce anything outside the agent, they are intrinsically valuable because of how they actualise the powers and virtues of the agent, in part achieving the agent’s goal. I then apply that argument to the case of procreation and person producing. (shrink)

Open theists deny that God knows future contingents. Most open theists justify this denial by adopting the position that there are no future contingent truths to be known. In this paper we examine some of the arguments put forward for this position in two recent articles in this journal, one by Dale Tuggy and one by Alan Rhoda, Gregory Boyd, and Thomas Belt. The arguments concern time, modality, and the semantics of ‘will’ statements. We explain why we find none of (...) these arguments persuasive. This wide road leads only to destruction. (shrink)

Review of Hans Van Eyghen, The Epistemology of Spirit Beliefs. New York: Routledge, ISBN 9781032249988, hbk, 168pp.

The principle of alternate possibilities (PAP), making the ability to do otherwise a necessary condition for moral responsibility, is supposed by Harry Frankfurt, John Fischer, and others to succumb to a peculiar kind of counterexample. The paper reviews the main problems with the counterexample that have surfaced over the years, and shows how most can be addressed within the terms of the current debate. But one problem seems ineliminable: because Frankfurt''s example relies on a counterfactual intervener to preclude alternatives to (...) the person''s action, it is not possible for it to preclude all alternatives (intervention that is contingent upon a trigger cannot bring it about that the trigger never occurred). This makes it possible for the determined PAPist to maintain that some pre-intervention deviation is always available to ground moral responsibility. In reply, the critic of PAP can examine all the candidate deviations and argue their irrelevance to moral responsibility (a daunting prospect); or the critic can dispense with counterfactual intervention altogether. The paper pursues the second of these strategies, developing three examples of noncounterfactual intervention in which (i) the agent has no alternatives (and a fortiori no morally relevant alternatives), yet (ii) there is just as much reason to think that the agent is morally responsible as there was in Frankfurt''s original example. The new counterexamples do suffer from one liability, but this is insufficient in the end to repair PAP''s conceptual connection between moral responsibility and alternate possibilities. (shrink)

The current humanitarian use of drones is focused on two applications: disaster mapping and medical supply delivery. In response to the growing interest in drone deployment in the aid sector, we sought to develop a resource to support value sensitivity in humanitarian drone activities. Following a bottom-up approach encompassing a comprehensive literature review, two empirical studies, a review of guidance documents, and consultations with experts, this work illuminates the nature and scope of ethical challenges encountered by humanitarian organizations embarking upon (...) innovation programmes. The Framework for the Ethics Assessment of Humanitarian Drones (FEAHD) identifies five values and five key questions related to ethical considerations along the decision chain of humanitarian drone activities. It fills a gap between high-level, principle-based guidance related to humanitarian innovation, and detailed operation-oriented checklists for projects involving the use of drones. In this way, the FEAHD contributes to support value sensitivity in the humanitarian use of drones. (shrink)

The current humanitarian use of drones is focused on two applications: disaster mapping and medical supply delivery. In response to the growing interest in drone deployment in the aid sector, we sought to develop a resource to support value sensitivity in humanitarian drone activities. Following a bottom-up approach encompassing a comprehensive literature review, two empirical studies, a review of guidance documents, and consultations with experts, this work illuminates the nature and scope of ethical challenges encountered by humanitarian organizations embarking upon (...) innovation programmes. The Framework for the Ethics Assessment of Humanitarian Drones (FEAHD) identifies five values and five key questions related to ethical considerations along the decision chain of humanitarian drone activities. It fills a gap between high-level, principle-based guidance related to humanitarian innovation, and detailed operation-oriented checklists for projects involving the use of drones. In this way, the FEAHD contributes to support value sensitivity in the humanitarian use of drones. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue for veganism, (...) this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

Science frequently gives us multiple, compatible ways of solving the same problem or formulating the same theory. These compatible formulations change our understanding of the world, despite providing the same explanations. According to what I call "conceptualism," reformulations change our understanding by clarifying the epistemic structure of theories. I illustrate conceptualism by analyzing a typical example of symmetry-based reformulation in chemical physics. This case study poses a problem for "explanationism," the rival thesis that differences in understanding require ontic explanatory differences. (...) To defend conceptualism, I consider how prominent accounts of explanation might accommodate this case study. I argue that either they do not succeed, or they generate a skeptical challenge. (shrink)

We argue that Hamiltonian mechanics is more fundamental than Lagrangian mechanics. Our argument provides a non-metaphysical strategy for privileging one formulation of a theory over another: ceteris paribus, a more general formulation is more fundamental. We illustrate this criterion through a novel interpretation of classical mechanics, based on three physical conditions. Two of these conditions suffice for recovering Hamiltonian mechanics. A third condition is necessary for Lagrangian mechanics. Hence, Lagrangian systems are a proper subset of Hamiltonian systems. Finally, we provide (...) a geometric interpretation of the principle of stationary action and rebut arguments for privileging Lagrangian mechanics. (shrink)

Frankfurt cases are purported counterexamples to the Principle of Alternative Possibilities, which implies that we are not morally responsible for unavoidable actions. A major permutation of the counterexample strategy features buffered alternatives; this permutation is designed to overcome an influential defense of the Principle of Alternative Possibilities. Here we defend the buffering strategy against two recent objections, both of which stress the timing of an agent’s decision. We argue that attributions of moral responsibility aren’t time-sensitive in the way the objectors (...) suppose. We then turn to the crucial question of when an action is relevantly avoidable—when, in the parlance of the literature, an alternative possibility is robust. We call attention to two plausible tests for robustness that merit further consideration, showing that the agents in buffered Frankfurt cases don’t pass these tests, despite being morally responsible for their actions. (shrink)

The paper argues that ‘All varieties of gratitude are only overall fitting when targeted towards agents,’ for instance that any variety of gratitude for the beautiful sunset is only overall fitting if a supernatural agent such as God exists. The first premise is that ‘Prepositional gratitude is overall fitting only when targeted towards agents.’ For this premise, intuitive judgments are offered. The second premise is that ‘Prepositional gratitude is the paradigmatic variety of gratitude.’ For this premise, an aspect of the (...) common consent of philosophers about gratitude is noted and the metaphysical basicness of prepositional gratitude is argued for. This gives the intermediate conclusion that ‘The paradigmatic variety of gratitude is overall fitting only when targeted towards agents.’ The fourth premise is that ‘If the paradigmatic variety of gratitude is overall fitting only when targeted towards agents, then all varieties of gratitude are overall fitting only when targeted towards agents.’ To supply the conditional of this premise, the Paradigmatic Fittingness Principle is offered, which states that ‘Paradigmatic emotions set the fittingness conditions for their non-paradigmatic varieties.’ This principle is argued for by noting that it vindicates some popular and plausible intuitive judgements and gives an error theory of why one might think that gratitude could be fittingly targeted towards non-agents, and by suggesting the absence of any other plausible source of fittingness conditions for non-paradigmatic emotions. (shrink)

The paper offers a three-premise argument that a person with first-hand experience of possession and exorcism, such as an exorcist, can have a justified belief in the existence of demons. (1) “Exorcism involves a process by which the exorcist comes to believe that testimony is offered by a demon.” Cited for (1) are the Gospels, the Roman Ritual, some modern cases of exorcism, and exorcism practices in non-Christian contexts. (2) “If defeaters are absent, the exorcist may treat as reliable the (...) process by which he comes to believe that testimony is offered by a demon.” For (2) a case is offered that we have a reliable ability to identify when testimony is being offered and when it is being offered by particular types of agents, what is termed testifier-identification. (3) “In many cases of exorcism, defeaters are absent.” An inductive case is given for (3) by responding to possible defeaters, including several suggested recently by David Kyle Johnson. Therefore, in many cases of exorcism the exorcist may treat as reliable the processes by which he comes to believe that testimony is offered by a demon, and so can have a justified belief in the existence of demons. (shrink)

Reformulating a scientific theory often leads to a significantly different way of understanding the world. Nevertheless, accounts of both theoretical equivalence and scientific understanding have neglected this important aspect of scientific theorizing. This essay provides a positive account of how reformulation changes our understanding. My account simultaneously addresses a serious challenge facing existing accounts of scientific understanding. These accounts have failed to characterize understanding in a way that goes beyond the epistemology of scientific explanation. By focusing on cases in which (...) we have differences in understanding without differences in explanation, I show that understanding does not reduce to explanation. (shrink)

Accounts of scientific explanation disagree about what’s required for a cause, law, or other fact to be a reason why an event occurs. In short, they disagree about the conditions for explanatory relevance. Nonetheless, most accounts presuppose that claims about explanatory relevance play a descriptive role in tracking reality. By rejecting the need for this descriptivist assumption, I develop an expressivist account of explanatory relevance and explanation: to judge that an answer is explanatory is to express an attitude ofbeing for (...) being satisfied by that answer. I show how expressivism vindicates ordinary scientific discourse about explanation, including claims about the objectivity and mind-independence of explanations. By avoiding commitment to ontic relevance relations, I rehabilitate an irrealist conception of explanation. (shrink)

One strategy in recent discussions of theological fatalism is to draw on Harry Frankfurt’s famous counterexamples to the principle of alternate possibilities (PAP) to defend human freedom from divine foreknowledge. For those who endorse this line, “Frankfurt counterexamples” are supposed to show that PAP is false, and this conclusion is then extended to the foreknowledge case. This makes it critical to determine whether Frankfurt counterexamples perform as advertised, an issue recently debated in this journal via a pair of articles by (...) David Widerker and John Martin Fischer. I suggest that this debate can be avoided: divine foreknowledge is itself aparadigmatic counterexample to PAP, requiring no support from suspect Frankfurt counterexamples. (shrink)

Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

This paper seeks to rehabilitate St. Augustine’s widely dismissed response to the alleged incompatibility of divine foreknowledge and free will. This requires taking a fresh look at his analysis in On Free Choice of the Will, and arguing its relevance to the current debate. Along the way, mistaken interpretations of Augustine are rebutted, his real solution is developed and defended, a reason for his not anticipating Boethius’s a temporalist solution is suggested, a favorable comparison with Ockham is made, rival solutions (...) are rejected, and the aporetic nature of the problem is explained. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

ABSTRACT This article develops an Arendtian conception of resentment and shows that resentment as a response to injustice is in fact only possible within a community of persons engaged in moral and recognitive relations. While Arendt is better known for her work on forgiveness—characterized as a creative rather than vindictive response to injury—this article suggests that Arendt provides a unique way of thinking about resentment as essentially a response to another human's subjectivity. But when injury is massive, so beyond the (...) pale that the possibility of face-to-face human interaction is annihilated, the space for resentment is thereby destroyed. Ironically, while the absence of resentment might at first seem to be an unproblematically good thing, Arendt shows us that the loss of resentment actually signals the loss of the properly human realm. (shrink)

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to policing, (...) dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

This is a contribution to an Author Meets Critics special issue on John Martin Fischer's _Our Fate: Essays on God and Free Will_.

This paper argues that it cannot be fitting to blame God. I show that divine immutability, even on a weak conception, implies that God's ethical character cannot change. I then argue that blame aims at a change in the ethical character of the one blamed. This claim is directly intuitive, explains a wide set of intuitions about when blame is unfitting, and is implied by most of the theories blame offered in the philosophical literature. Since blame targeted at God aims (...) to change God's ethical character, an impossibility, such blame is not fitting. I then draw on this conclusion to sketch a new theodicy. I argue that a necessary condition on being blameworthy is that one can be blamed under some possible condition. So, God cannot be blameworthy. Further, I argue that if someone cannot be blameworthy, then they cannot do wrong. Wrong actions tend to make us blameworthy, but since God cannot be blameworthy nothing can tend to make him blameworthy – God cannot do wrong. (shrink)

The thesis of this paper is that Platonic Forms are angels. I make this identification by claiming that Platonic Forms have the characteristics of angels, in particular, that Platonic Forms are alive. I offer four arguments for this claim. First, it seems that engaging in self-directed action is a sufficient condition for being alive. The Forms are, as teleological activities, self-directed actions. Second, bodies receive their being from their Forms, and some bodies are essentially alive. Third, in the Good, all (...) the types of goodness, including life, are identical. The Forms are appearances of the Good. Fourth, since the Good imparts as much goodness as it can, the Forms are alive unless there is some bar to their being alive. There are good reasons to think that there is no such bar. I then show that ethical vices do not give body to human form, but give body to other forms—those that are evil angels. Lastly, I provide a survey of the relationships that various religious traditions posit between ethical vice and the demonic. (shrink)

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

This paper explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law must construe (...) vague statements as an epistemic phenomenon, and epistemicism must be expanded to include normative considerations in order to account for legal theories that are consistent with the first two conditions. The first two conditions are internal to a particular theory of legal interpretation, while the third condition is external to a particular theory of legal interpretation. My conclusion shows that there are legal theories that are internally consistent with the fundamental features of epistemicism. However, within the domain of law—and specifically in the case of legal theories that are internally consistent with epistemicism—I show that vagueness cannot be explained simply by our ignorance of the meaning and use of vague expressions. Rather, epistemicism must also account for ignorance of the requisite normative considerations in legal theories with which it is otherwise consistent. (shrink)

The principle that one cannot deliberate over what one already knows is going to happen, when suitably qualified, has seemed to many philosophers to be about as secure a truth as one is likely to find in this life. Fortunately, it poses little restriction on human deliberation, since the conditions which would trigger its prohibition seldom arise for us: our knowledge of the future is intermittent at best, and those things of which we do have advance knowledge are not the (...) sorts of things over which we would deliberate in any case. But matters appear to stand otherwise with an all-knowing agent such as God is traditionally conceived to be; for what an omniprescient deity ‘already knows is going to happen’ is everything that is going to happen; and if He cannot deliberate over such things, there is nothing over which He can deliberate. (shrink)

The paper investigates whether imaginative states about propositions can be assessed in terms of fittingness (also known as correctness, appropriateness, aptness). After characterizing propositional imaginings and explaining the idea of fittingness, I present some considerations in favour of the no conditions view: imagining seems to be the sort of action that cannot be done unfittingly, and imaginings have no external cognitive nor conative goals in light of which they could be unfitting. I then examine the local conditions view, that there (...) can be fittingness conditions on imaginings, but that these are inherited from the mental projects in which imaginings can play a role. Given that there are virtues of the imagination such as creativity and spontaneity, and given that imaginings are subject to purposive mechanisms, and given that there are cases in which it is unfitting to fail to imagine, I endorse the general conditions view, on which imaginings have a goal, and therefore fittingness conditions, even outside the context of mental projects. I then examine 4 versions of the general conditions view and argue that imaginings aim to make contents available to mental projects. (shrink)

Essay on police legitimacy through public reason and community policing.

The paper that follows continues a discussion with Tomis Kapitan in the pages of this journal over the compatibility of divine agency with divine foreknowledge. I had earlier argued against two premises in Kapitan's case for omniscient impotence: (i) that intentionally A-ing presupposes prior acquisition of the intention to A, and (ii) that acquiring the intention to A presupposes prior ignorance whether one will A. In response to my criticisms, Kapitan has recently offered new defences for these two premises. I (...) show in reply why neither defence succeeds in rehabilitating the case against omniscient agency. (Note that the very first sentence of the published version has a misprint: instead of "To claim that divine foreknowledge is inconsistent with divine agency has been pressed with increasing frequency of late . . .", it should read, "_The_ claim . . ."!). (shrink)